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02-0903_CAMP DRESSER & MCKEE, INC._Amd to Personal Services AgreementAMENDMENT TO PERSONAL SERVICES AGREEMENT � THIS AMENDMENT is made and entered into this � day ofQ.( (/ by and between the Capistrano Valley Water District (hereinafter referet d to as the "CVWD") and Camp Dresser & McKee, Inc., (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, CVWD and Consultant have entered into a Personal Services Agreement dated April 2, 2002 for services for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation, and Repair project (CIP # 753); and WHEREAS, CVWD and Consultant agree that additional services outlined in Exhibit "A" dated August 13, 2002 are required for which extra compensation will become due. NOW, THEREFORE BE IT RESOLVED, CVWD and Consultant mutually agree as follows: Section 1. Additional Work The additional scope of work to be performed by Consultant shall consist of those tasks set forth in Exhibit "A", including additional design, biological monitoring, and completion of the Section 4(d) Habitat Loss Permit submittal to the Resources Agency for this project detailed as follows: Task 9 Terminal Reservoir No. 2 Monitoring Task 10 Impacts to Exploration Program and Additional Environmental Services Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Additional Additional Compensation CVWD hereby agrees to pay the additional sum of $126,636 (one hundred twenty six thousand six hundred thirty-six dollars) for a revised total contract price of $439,856 to Consultant for those services performed as set forth in Exhibit "A". These additional services to the Agreement shall commence on the effective date of this Amendment. ATTACHMENT Section 3. Relationship to Agreement Except as to Section 1 and 2 herein, all other terms and conditions of the first Agreement shall remain unchanged. Section 4. Entire Agreement This entire Agreement between CVWD and Consultant with respect to those extra services described herein, and any other understandings, oral or in writing, are hereby superseded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CAPISTRANO VALLEY WATER DISTRICT By: -Nai 'e' D Diane Bathgate, Chai n CAMP �E�SSER & MCKEE, INC. By: G%!! ✓L� SE jo,e ATTEST: ^ —�� Wj I/ L) C' �� Mar ret R. Monahan, Clerk of the Board APPROVED AS TO FORM: John R. Shaw, istrict Attorney CDM 1925 Palomar Oaks Way, Suite 300 Carlsbad, California 92008 tel: 760 438-7755 fax: 760 438-7411 August 13, 2002 Mr. Lonnie Curtis City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Terminal Reservoir Number 2 Replacement Contract Amendment No. 1, Services for TR#2 Monitoring, Biological Impacts to Exploration Program, and Section 4(d) Habitat Loss Permit Completion CDM Project No. 20515-35977 Dear Mr. Curtis: As you are aware, CDM is providing professional services to the City of San Juan Capistrano (City) under the Personal Services Agreement dated April 2, 2002 between the Capistrano Valley Water District and Camp Dresser & McKee, Inc. for the Terminal Reservoir No. 1 (TR#1) Replacement Project. During our June monthly project status meeting, the City requested that CDM prepare a scope of services and cost estimate to perform the monitoring and installation of piezometer/inclinometer services at the TR#2 site (former Task 9 listed in the initial TR#2 Repair Proposal). The purpose of this monitoring is to record, observe, and evaluate reservoir and ground deformations during operation of TR #2. CDM provided the City with a proposed amendment and cost estimate at the July monthly project status meeting. At the City's request, CDM has revised the proposed amendment eliminating specific tasks and costs and these modifications are reflected herein. These costs reflect an increase from the original contract TASK 9 costs due to additional mobilization/ demobilization, erosion protection (at BA -1 access road), inclusion of groundwater monitoring permits, and increased task management requirements. Following the recent biological survey, areas of sensitive habitat (wetlands and coastal sage scrub - designated as California Gnatcatcher habitat) and birds (gnatcatchers) listed as threatened species, were identified, mapped, as well as delineated at the project site (with stakes and flagging). As a result of these biological findings, the field exploration program was delayed and modified to address all environmental concerns and comply with applicable regulations. Based on this information and related site activity limitations, unavoidable additional costs might have been incurred during performance of the exploration program. EXHIBIT "A" consulting - engineering • construction - operations Mr. Lonnie Curtis August 13, 2002 Page 2 However, the City has decided to wait until the gnatcatcher breeding season concludes (on September 1, 2002) in order to avoid these additional costs. The revised scope of services for this task is presented below as Task 10. At the City's request, CDM has developed and prepared a revised scope of work and cost estimate in order to complete the proposed additional work. The following is a description of associated tasks (outlined in the attached cost estimate): RESERVOIR MONITORING Task 9 - Terminal Reservoir No. 2 Monitoring Task 9.1 Monitoring Services CDM proposes to provide up to one year of monitoring services for TR#2. The integrated continuous monitoring of the inclinometer and piezometer facilities, coupled with the existing monitoring systems will provide the City with a more accurate determination of the potential source and magnitude of actual deformation at TR#2. Services include the following: Inclinometer and Piezometer Monitoring - A total of 15 monitoring and reporting events will be conducted for one year (continuous 12 months) based on the following schedule: - Month One — weekly measurements (4 events) - Months Two through Twelve —monthly measurements (11 events). Task 9.1.2 Monitoring Equipment and Installation Piezometers and slope inclinometers will be installed using a truck mounted CME 85 hollow stem auger drill. The approximate location of the piezometers and inclinometers is illustrated on Figure 1, Proposed Geotechnical Exploration Map. The scope of work for this activity is summarized below. • Inclinometer Installation - CDM will install two 35 -foot slope inclinometers to measure fill deformation along the southwest portion of TR#2. The inclinometer s will be installed along the outside edge of the reservoir perimeter service road to monitor fill deformations at TR#2. The inclinometer will be constructed using 2 -inch diameter casing in flush mounted traffic -rated well boxes. • Piezometer Installation —two piezometers will be installed to measure the groundwater conditions beneath TR#2. The piezometers will be installed at depths of 15 feet and 30 feet below ground surface along the outside of the perimeter service road, as shown Mr. Lonnie Curtis August 13, 2002 Page 3 on the Proposed Geotechnical Exploration Map. The piezometers will be constructed using flush mount traffic -rated well boxes. Following installation, each piezometer will be developed to remove suspended and solid particles. Task 9.2 Data Collection and Reporting Following the completion of each monitoring event, CDM will prepare a letter report that summarizes the monitoring (recent and historic) results. The data results will be tabulated and graphically presented with an interpretation of the data results. For the initial report, CDM will provide the City with a draft copy for review and comment. Subsequent reports will be prepared and submitted following the City -approved format. Task 9.3 Task 9 Coordination This task includes project management activities including project tracking, scheduling, coordination with subcontractor's, financial management, and general project communications needed to complete the tasks outlined above. Task 10 — Impacts to Exploration Program and Additional Environmental Services As discussed during the June 17th conference call, a qualified biologist has delineated the environmentally sensitive areas (coastal sage scrub to the north of the reservoir and the linear wetland to the west of the reservoir). One day of site clearing and preparatory work was estimated in the original contract scope -of -work cost estimate. Additional time will be required to avoid sensitive vegetated areas, property impacts/damage, and to ensure equipment mobilization. The additional tasks will include: Task 10.1 Meetings, Permits, Boring BA -1 Access and Communication This subtask includes activities associated with planning, setting operational parameters to meet environmental law, and associated permitting requirements. It also includes increased costs to access the proposed drilling site for boring BA -1. The proposed location of BA -1 is situated on a relatively steep cut slope within the boundaries of a mapped potential landslide and east of a discovered environmentally sensitive area. The presence or absence of this slide was not determined during past work conducted by the City. In addition, the geotechnical report for the upslope residence did not address any landslide related issues. CDM proposes to locate BA -1 along the Elev. 460 Ft. terrace drain (V -ditch). This boring is needed to evaluate the presence/absence of the aforementioned mapped landslide. Therefore, due to the presence of this potential landslide